CPG faces potential class-action lawsuit

A local building product manufacturer faces a potential class-action lawsuit alleging their decking boards didn't perform as advertised.

Three lawsuits against CPG International of Scranton regarding its Azek decking were recently consolidated in the U.S. District Court of New Jersey as the plaintiffs' attorneys seek to establish a class action.

The plaintiffs cite Azek's advertising and marketing claims, boasting Azek's superiority to other decking. "Wood and composites rot, stain, and fade. Azek doesn't" and phrases such as "Richer, longer lasting color," are listed in the lawsuit.

Suit: PVC degrades

The lawsuit challenges the basis for the promotional claims, alleging that all PVC products are susceptible to degrade and fade with exposure to sunlight and heat. Coloring agent containing titanium dioxide break down and "chalks" on the surface of the decking, the lawsuit said.

"Defendants represented ... that consumers could reasonably expect that outdoor usage in direct sunlight would not result in the degradation of their decks, porches and docks," the lawsuit states. "Defendants knew about the defects while simultaneously placing the Azek PVC decking in the market and continuing their marketing campaign and representations."

The lawsuit said Azek denied coverage of its "lifetime limited warranty" for such claims on the basis that the product is not defective, but showing signs of weathering.

While declining to discuss the specifics of pending legal matters, CPG International President Jason Grommon said the company's attorneys have filed motions to dismiss the lawsuit.

Claims are 'meritless'

"We will continue to defend our company and our products against what we believe are meritless claims that relate to a only a tiny fraction of the million of feet of our product in use," Mr. Grommon wrote in a prepared statement.

He noted that Builder Magazine for the third consecutive year, named Azek decking as number one in quality among makers of composite/ PVC decking.

In recent years, several major manufacturers of synthetic decking have been hit with lawsuits claiming misleading advertising or defective products. Azek's product is PVC plastic. Other types of decking include composite, a blend of sawdust, plastic and binder; and cap stock, wood with a protective plastic coating. Typically, manufacturers claim stain and scratch resistance and promise low maintenance relative to wood.

Building material and construction blogger Sean Lintow Sr. has followed and written about the decking lawsuits. He thinks contractors aren't giving homeowners the right care and maintenance information.

"The care information is out there, on manufacturers' websites, but I don't think people are getting it," said Mr. Lintow, who has 20-plus years experience as a contractor and now operates the Homeowner's and Trades Resource Center. In some cases decking is installed in places where it wouldn't be recommend or, after reviewing photographs connected with the lawsuits, he said the decking may not be cared for properly. He also thinks the end users may have outsized expectation.

"If a manufacture out-and-out lies, they deserve to be nailed," he said. "If people expect a product that is 100 percent scratch-proof, fade-proof, stain-proof, and maintenance free, no such material exists."

He has installed Azek and it is one of the two brands he would use.

Contact the writer: dfalchek@timesshamrock.com

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